Moore v. Eckman

762 N.W.2d 459, 2009 Iowa Sup. LEXIS 23, 2009 WL 563566
CourtSupreme Court of Iowa
DecidedMarch 6, 2009
Docket08-0414
StatusPublished
Cited by3 cases

This text of 762 N.W.2d 459 (Moore v. Eckman) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Eckman, 762 N.W.2d 459, 2009 Iowa Sup. LEXIS 23, 2009 WL 563566 (iowa 2009).

Opinions

BAKER, Justice.

Defendant Pekin Insurance Company appeals in advance of judgment the district court’s ruling denying its motion for partial summary judgment. Pekin claims that the district court erred in denying it summary judgment on Carole Moore’s bystander liability claim because under Iowa law, a bystander must have had a sensory and contemporaneous observance of the injury-causing accident to recover for negligent infliction of emotional distress. Pe-kin argues that Plaintiff Carole Moore did not actually witness her son’s accident which resulted in his death, but arrived immediately afterwards and, therefore, does not meet the standard. We hold that the contemporaneous observance of the accident is a requirement under Iowa case law. Because the undisputed facts show that Carole Moore did not observe the accident, partial summary judgment should have been granted, dismissing her bystander liability claim.

I. Background Facts and Proceedings.

On the evening of May 13, 2005, Anthony Moore was sitting on the trunk of the car that Nicole Eckman was driving. Eck-man drove her car forward with Anthony Moore still on the back. He fell off the back of the car resulting in a head injury and ultimately his death. His mother, Carole Moore, was not at the scene and did not see her son fall off the car and hit the pavement. Rather, Carole Moore arrived at the scene immediately after the accident occurred. She found him lying in the street, unattended and seriously injured. She was the first person to arrive at his side and the first person to render aid after the accident.

On May 7, 2007, plaintiffs Carole and Shawn Moore filed a petition at law against Nicole Eckman, her parents Gregory and Molly Eckman, and Pekin Insurance Company (“Pekin”), claiming that defendant Nicole Eckman was negligent in the operation of her vehicle and, as a result of her negligence, Anthony Moore sustained a head injury which resulted in his death. Plaintiffs stated claims for negligence, loss of consortium, underinsured motorist coverage, and a bystander claim by Carole Moore for negligent infliction of emotional distress. Pekin was the under-insured motorist carrier.

Pekin filed a motion for partial summary judgment requesting dismissal of Carole Moore’s bystander claim. Pekin argued that because Carole Moore did not witness the accident itself, under Iowa law her claim fails because a “sensory and contemporaneous observation” of the accident itself is required to support a bystander claim.

The district court issued a ruling denying Pekin’s motion. The district court found that there were factual issues precluding summary judgment that should be resolved by a trier of fact. Pekin filed an application for grant of appeal in advance of final judgment and stay of proceedings pending appeal with this court. This court granted Pekin’s application.

II. Scope of Review.

On appeal, the district court’s grant or denial of a motion for summary judgment is reviewed for correction of errors at law. Iowa R.App. P. 6.4; Clark v. Estate of Rice ex rel. Rice, 653 N.W.2d 166, 169 (Iowa 2002). Summary judgment is appropriate only when the record, viewed in the light most favorable to the non-moving party, shows that there are no genuine issues of material fact, and the moving party is entitled to judgment as a [461]*461matter of law. Parish v. Jumpking, Inc., 719 N.W.2d 540, 542-43 (Iowa 2006). To determine whether there is a genuine issue of material fact, the court examines the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits. Iowa R. Civ. P. 237(c). Summary judgment is inappropriate if reasonable minds would differ on how the factual issue should be resolved. Dickerson v. Mertz, 547 N.W.2d 208, 212 (Iowa 1996).

III. Discussion and Analysis.

This case reaches us on Pekin’s appeal in advance of judgment from the district court’s denial of its motion for partial summary judgment. The district court found that “reasonable minds could conclude that Carole Moore was located near the accident since she was arriving at the scene to pick up Anthony Moore from work, and was the first person to arrive at his side and render aid to him.” It is undisputed, however, that Carole Moore did not see him fall from the car.

In Barnhill v. Davis, 300 N.W.2d 104, 106 (Iowa 1981), the Iowa Supreme Court first recognized the claim of bystander liability. Bystander liability allows a claim for emotional distress as a result of an injury to another. In Barnhill, we set out the elements of a bystander claim:

(1) The bystander was located near the scene of the accident.
(2) The emotional distress resulted from a direct emotional impact from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence.
(3) The bystander and the victim were husband and wife or related within the second degree of consanguinity or affinity.
(4) A reasonable person in the position of the bystander would believe, and the bystander did believe, that the direct victim of the accident would be seriously injured or killed.
(5)The emotional distress to the bystander must be serious.

Id. at 108; accord Pekin Ins. Co. v. Hugh, 501 N.W.2d 508, 511 (Iowa 1993). In creating this test, we relied heavily upon the holding and rationale of Dillon v. Legg, 68 Cal.2d 728, 69 Cal.Rptr. 72, 441 P.2d 912, 920 (1968) (holding that the plaintiff could maintain a bystander claim for emotional distress even though he was not himself at risk of being harmed).

In articulating the elements of the bystander test, we defined the limits of liability to bystanders. Barnhill, 300 N.W.2d at 106. We noted that under tort law, “[a] defendant who acts negligently is only liable for injuries to others that are reasonably foreseeable.” Id. (citing Palsgraf v. Long Island R.R., 248 N.Y. 339, 162 N.E. 99, 100 (1928)).

In this case, we are only asked to determine the scope of recovery under Barnhill. The only element at issue in Pekin’s motion for summary judgment is whether Carole Moore’s “emotional distress resulted from a direct emotional impact from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence.” Id. at 108. Pekin argues that one who comes upon an injured family member but who did not witness the injury-producing event does not meet this element of the test. Carole Moore asserts that Barnhill separates emotionally distressed bystanders into two camps: those who learn of an accident from others after its occurrence and those who do not learn of the accident from others after its occurrence.

We addressed this issue in Oberreuter v. Orion Industries, Inc.,

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Moore v. Eckman
762 N.W.2d 459 (Supreme Court of Iowa, 2009)

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Bluebook (online)
762 N.W.2d 459, 2009 Iowa Sup. LEXIS 23, 2009 WL 563566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-eckman-iowa-2009.